Practice question
A disputed unilateral occupation occurs just before suit. The occupier argues that the latest physical condition must automatically be the protected status quo even though it was contested from the start. Which is correct?
- Latest always means peaceable and uncontested.
- A disputed seizure automatically creates permanent rights.
- The chronology of the controversy is irrelevant.
- The court must identify the last actual peaceable uncontested state, not merely the latest act.
- A party can fix the protected state by private force.
Legal references
- Rules of Court, Rules 57-61, provisional-remedy purposes and the particular provisions identified in each explanation: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Megaworld Properties and Holdings, Inc. v. Majestic Finance and Investment Co., Inc., G.R. No. 169694, December 9, 2015, main decision, actual provisional command and last peaceable state: https://lawphil.net/judjuris/juri2015/dec2015/gr_169694_2015.html
- Duterte Youth Party-List v. COMELEC, G.R. Nos. 261123 and 261876, August 20, 2024, en banc main decision, TRO preserving the pre-substitution state and effect on later acts: https://lawphil.net/judjuris/juri2024/aug2024/gr_261123_2024.html
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